Sushindra Bhagat @ Sushindra Singh @ Shoshindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80722 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- NAUTAN District- Siwan ====================================================== 1.

Sushindra Bhagat @ Sushindra Singh @ Shoshindra Singh Son of Ramji Bhagat Resident of village-Kabilaswa, PS- Mirganj Dist Gopalganj 2.

Prem Chand Bhagat @ Premchand Singh Son of Ramji Bhagat Resident of village-Kabilaswa, PS- Mirganj Dist Gopalganj 3.

Niket Kumar @ Nitish Kumar Son of Prem Chand Bhagat Resident of village-Kabilaswa, PS- Mirganj Dist Gopalganj 4.

Raju Bhagat @ Raju Kumar Singh Son of Late Banka Bhagat Resident of village-Kabilaswa, PS- Mirganj Dist Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 3.

2. Permission is granted.

3. Accordingly, this application with regard to petitioner no. 3 is dismissed as withdrawn.

4. However, if the petitioner no. 3 surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

5. Heard learned counsel for the petitioner nos. 1, 2

Patna High Court CR. MISC. No.80722 of 2024(2) dt.09-12-2024 2/3 and 4, learned counsel for the informant and learned Additional Public Prosecutor for the State.

6. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(2), 117(2), 303(2), 324(4) 324(5), 329(4), 352, 351(2), 351(3), 79, 3(5) of the B.N.S.

7. Petitioners along with other accused persons are said to have assaulted the informant and his family member by means of lathi and hockey sticks.

8. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that occurrence took place on 29.07.2024 but the FIR has been lodged on 01.08.2024 after delay of 2 days without explaining any reasonable cause of delay. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

9. Learned APP for the State and informant oppose the prayer for bail.

10. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.80722 of 2024(2) dt.09-12-2024 3/3 case, let the above named petitioner nos. 1, 2 and 4 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Nautan P.S. Case No. 186 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

(Anjani Kumar Sharan, J) devendra/- U T